Second appeal against a first appellate court's remand of a 2012 title and injunction suit. The trial court had decreed the suit after defendants failed to lead evidence despite adjournments. Upholding the remand on account of COVID-19 pandemic restrictions, the High Court dismissed the appeal without expressing any opinion on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:1089 MSA No.258/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO.258/2025(RO)
BETWEEN:
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
REP BY HER GENERAL POWER OF ATTORNEY HOLDER SRI.R RANGANATHA S/O RANGAPPA R/A "SRI RANGA NILAYA" VEDAVATHI NAGAR 100 FEET ROAD HIRIYUR TOWN CHITRADURGA-577 599.
…APPELLANT
(BY SRI.H.K.KENCHEGOWDA., ADVOCATE)
AND:
NC: 2026:KHC:1089 MSA No.258/2025
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RESPONDENT NOS.1 TO 9 ARE R/AT VEDAVATHI NAGAR HIRIYUR TOWN CHITRADURGA-577 599.
…RESPONDENTS
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER XLIII RULE 1(u) OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.10.2025 PASSED IN R.A.NO.22/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND REVERSING (SETTING ASIDE) THE JUDGMENT AND DECREE DATED 26.02.2021 PASSED IN O.S NO.5/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR AND ETC.
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
NC: 2026:KHC:1089 MSA No.258/2025
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ORAL JUDGMENT
This second appeal is filed against the judgment and decree in R.A.No.22/2021 on the file of II Additional District Judge, Chitradurga.
plaintiff/appellant would contend that the Appellate Court could not have remitted the matter to the Trial Court for fresh consideration to afford an opportunity to the defendants, who did not lead evidence, despite sufficient opportunity given to them. Learned Counsel for the plaintiff/appellant would also urge that the suit is filed in the year 2012 and in the year 2020, when the case was posted for evidence, the Defendants
NC: 2026:KHC:1089 MSA No.258/2025
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despite repeated adjournments, did not avail the opportunity to lead evidence. Thus, he would contend that the judgment and decree remanding the matter is impermissible.
the bar and also perused the records.
" Whether the Appellate Court is justified in remitting the
matter to the Trial Court to give opportunity to the defendants to contest the matter?"
NC: 2026:KHC:1089 MSA No.258/2025
HC-KAR
prevailing, the Court felt that the defendants are prevented from genuine cause from leading evidence. Hence, judgment and decree are set aside and matter was remitted back to the
Trial Court.
ORDER
i) The appeal is dismissed .
ii) It is made clear that this Court has not expressed
any opinion on the merits of the matter.
iii) All contentions are kept open.
Sd/(ANANT RAMANATH HEGDE) JUDGE
PKN
List No.: 2 Sl No.: 1
1 issue framed by the court
Whether the Appellate Court was justified in remitting the matter to the Trial Court to give the defendants an opportunity to lead evidence after adjournments during the COVID-19 pandemic?
1 provisions across 1 enactments
Smt. Thippamma
Nithyananda Yadav
Cycle Rangaswamy
Thimmaraju
Chandranna
Jayamma
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
